Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Department of Interior conducted an adequate search and properly withheld five documents under Exemption 5 (privileges) in response to a request from Taylor Energy Company for records that formed the basis for statements posted on the Bureau of Safety and Environmental Enforcement website concerning Taylor Energy's response to an incident on one of their former oil platforms in the Gulf of Mexico which was the subject of ongoing litigation with the government. The incident involved damage to Taylor Energy platforms in 2004 as the result of Hurricane Ivan. Taylor Energy put $666 million in trust to cover the costs of clean-up, but six years later, the company asked for permission to recover the remaining $433 million. BSEE sought legal counsel from the Department of Justice concerning Taylor Energy's request, which was denied in April 2015. Taylor Energy then sued the government in the Court of Federal Claims. After learning that BSEE had posted several documents about the clean-up of Taylor Energy's oil discharge, Taylor Energy sent identical FOIA requests to BSEE, the Bureau of Ocean Energy Management, and the U.S. Coast Guard asking for records concerning the posts. Taylor Energy filed suit after the agencies failed to respond within the statutory time limit. BSEE located 15,377 pages of responsive materials, withholding 612 pages under Exemption 5. The Coast Guard produced 473 pages of responsive records, withholding 359 pages in full and 153 pages in part. Taylor Energy challenged the adequacy of the agencies' searches and five documents withheld by BSEE and BOEM, all of which were drafts of the April 2015 memorandum related to Taylor Energy's request for return of the trust funds, as well as parts of transmittal emails. Taylor Energy challenged the search because its search terms were overly broad and BSEE "did not explain how the agency ultimately determined that over 50,000 pages were not responsive to [its] request." But Howell noted that the agency had indicated that many of the pages were duplicates or not relevant to Taylor Energy's request. Taylor Energy also complained that the agency had not searched under the authors' names. Howell responded that "simply put, the adequacy of an agency's search is judged by the methods utilized, not by the result of the search. Notably, the plaintiff does not allege that BSEE's search failed to produce any document containing the website text enumerated in the FOIA request, but rather that additional sources used by the authors in drafting that text may exist. The plaintiff, however, simply points to no 'positive indication' that certain materials have actually been overlooked and thus the plaintiff's claims of the search's inadequacy seem merely speculative." She added that "in the instant case, BSEE was not required to answer the plaintiff's interrogatories by taking the plaintiff's desired steps. BSEE did not search by authors' names and instead used broader search terms because the agency believed the broader search terms would produce a greater number of responsive documents." Taylor Energy challenged the application of the attorney-client privilege in several emails because some participants were not attorneys. The agency claimed the exchanges were "confidential communications between agency officials and an agency attorney, encompassing facts provided by the client, responding to the attorney's request for clarification concerning specific statements in the draft document." Howell noted that "these statements not only explain how the redacted emails involved communications with an attorney, but also clearly link the four redacted emails to the 'attorney-client relationship' that the BSEE formed with DOJ to obtain 'legal counsel' regarding the plaintiff's trust dispute. . ." Howell found the rest of the documents claimed under Exemption 5 were protected by the deliberative process privilege since they were both predecisional and deliberative.
Issues: Adequacy - Search, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2016-02-25	1	COMPLAINT FOR INJUNCTIVE RELIEF against UNITED STATES DEPARTMENT OF INTERIOR , ET AL ( Filing fee $ 400 receipt number 0090-4427293) filed by TAYLOR ENERGY COMPANY LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of the Interior, # 3 Summons Bureau of Ocean Energy Management, # 4 Summons Bureau of Safety and Environmental Enforcement, # 5 Summons U.S. Department of Homeland Security, # 6 Summons U.S. Coast Guard, # 7 Summons U.S. Attorney for District of Columbia)(Sparks, William) (Entered: 02/25/2016)
2016-02-25		Case Assigned to Judge Beryl A. Howell. (md) (Entered: 02/26/2016)
2016-02-26	2	Corporate Disclosure Statement by TAYLOR ENERGY COMPANY LLC. (Sparks, William) (Entered: 02/26/2016)
2016-02-29		SUMMONS Not Issued as to All Defendants (jd) (Entered: 02/29/2016)
2016-02-29	3	STANDING ORDER. Signed by Judge Beryl A. Howell on February 29, 2016. (lcbah3) (Entered: 02/29/2016)
2016-02-29	4	REQUEST FOR SUMMONS TO ISSUE to United States Department of Interior re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-02-29	5	REQUEST FOR SUMMONS TO ISSUE to Bureau of Ocean Energy Management re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-02-29	6	REQUEST FOR SUMMONS TO ISSUE Bureau of Safety and Environmental Enforcement re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-02-29	7	REQUEST FOR SUMMONS TO ISSUE United States Department of Homeland Security re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-02-29	8	REQUEST FOR SUMMONS TO ISSUE United States Coast Guard re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-02-29	9	REQUEST FOR SUMMONS TO ISSUE U.S. Attorney for District of Columbia re 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC. Related document: 1 Complaint,, filed by TAYLOR ENERGY COMPANY LLC.(Sparks, William) (Entered: 02/29/2016)
2016-03-01	10	SUMMONS (6) Issued Electronically as to BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR and U.S. Attorney (Attachments: # 1 Consent Forms)(zrdj) (Entered: 03/01/2016)
2016-03-10	11	NOTICE of Appearance by William Mark Nebeker on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR (Nebeker, William) (Entered: 03/10/2016)
2016-03-15	12	NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney William Mark Nebeker (Yee, Marsha) (Entered: 03/15/2016)
2016-03-18	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF INTERIOR served on 3/7/2016 (Sparks, William) (Entered: 03/18/2016)
2016-03-18	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/7/2016. Answer due for ALL FEDERAL DEFENDANTS by 4/6/2016. (Sparks, William) (Entered: 03/18/2016)
2016-03-24	15	MOTION for Summary Judgment by TAYLOR ENERGY COMPANY LLC (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Text of Proposed Order)(Sparks, William) (Entered: 03/24/2016)
2016-03-31	16	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT served on 3/16/2016 (Sparks, William) (Entered: 03/31/2016)
2016-04-06	17	ANSWER to Complaint by UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Yee, Marsha) (Entered: 04/06/2016)
2016-04-06	18	ANSWER to Complaint by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES DEPARTMENT OF INTERIOR.(Yee, Marsha) (Entered: 04/06/2016)
2016-04-07	19	MOTION for Extension of Time to File Defendants' Response to Plaintiff's Motion for Summary Judgment by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 04/07/2016)
2016-04-07	20	Memorandum in opposition to re 19 MOTION for Extension of Time to File Defendants' Response to Plaintiff's Motion for Summary Judgment filed by TAYLOR ENERGY COMPANY LLC. (Sparks, William) (Entered: 04/07/2016)
2016-04-08	21	REPLY to opposition to motion re 19 MOTION for Extension of Time to File Defendants' Response to Plaintiff's Motion for Summary Judgment filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Yee, Marsha) (Entered: 04/08/2016)
2016-04-08		MINUTE ORDER (paperless) GRANTING the defendants' 19 Motion for Extension of Time to File Their Response to Plaintiff's Motion for Summary Judgment, over the plaintiff's objection. The defendants shall file any opposition to the plaintiff's 15 Motion for Summary Judgment by April 28, 2016. Signed by Chief Judge Beryl A. Howell on April 8, 2016. (lcbah3) (Entered: 04/08/2016)
2016-04-08		Set/Reset Deadlines: Defendants' Response to Plaintiff's Motion for Summary Judgment due by 4/28/2016. (tg) (Entered: 04/08/2016)
2016-04-20	22	PROPOSED BRIEFING SCHEDULE in Defendants' Report Pursuant to the Court's Standing Order by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Yee, Marsha) (Entered: 04/20/2016)
2016-04-20	23	STATUS REPORT and Proposed Schedule by TAYLOR ENERGY COMPANY LLC. (Attachments: # 1 Text of Proposed Order)(Sparks, William) (Entered: 04/20/2016)
2016-04-21		MINUTE ORDER (paperless) DIRECTING, upon consideration of the defendants' 22 Report and the plaintiff's 23 Status Report, the defendants to notify the Court, by April 25, 2016, (1) for each defendant agency, "whether the agency has made a final determination 'whether to comply' with any FOIA request at issue," in accordance with this Court's 3 Standing Order, para. 3(b)(ii); and (2) if no final determination has been made, (a) whether the agency has completed searches and/or identified responsive documents, (b) an explanation of why no final determination has been made, and (c) "an estimate... of when the agency expects a final determination to be made," see 3 Standing Order, para. 3(b)(ii). It is further ORDERED that the parties shall jointly file, by April 28, 2016, a proposed briefing schedule for the filing of dispositive motions, noting any remaining scheduling disagreements between the parties. Signed by Chief Judge Beryl A. Howell on April 21, 2016. (lcbah3, ) (Entered: 04/21/2016)
2016-04-22		Set/Reset Deadlines: Response to Order of the Court due by 4/25/2016; Joint briefing schedule due by 4/28/2016. (tg) (Entered: 04/22/2016)
2016-04-25	24	STATUS REPORT pursuant to the Court's Minute Order dated April 21, 2016 by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Yee, Marsha) (Entered: 04/25/2016)
2016-04-28	25	PROPOSED BRIEFING SCHEDULE (Combined Proposed Briefing Schedules) by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order (Plaintiff), # 2 Text of Proposed Order (Defendants))(Yee, Marsha) (Entered: 04/28/2016)
2016-04-28	26	MOTION to Dismiss APA Claim , MOTION to Stay Proceedings by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: # 1 Declaration of Karen Miller (BSEE), # 2 Declaration of Sean R. Gajewski (Coast Guard), # 3 Declaration of Natasha Alcantara (BOEM), # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 04/28/2016)
2016-04-28	27	RESPONSE re 15 MOTION for Summary Judgment Opposition to Plaintiff's Requested Injunction filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Attachments: # 1 Declaration of Karen Miller (BSEE), # 2 Declaration of Sean R. Gajewski (Coast Guard), # 3 Declaration of Natasha Alcantara (BOEM), # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 04/28/2016)
2016-05-09	28	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by TAYLOR ENERGY COMPANY LLC. (Attachments: # 1 Exhibit Gatore v. U.S. Dep't of Homeland Security)(Sparks, William) (Entered: 05/09/2016)
2016-05-09	29	RESPONSE re 26 MOTION to Dismiss APA Claim MOTION to Stay Proceedings filed by TAYLOR ENERGY COMPANY LLC. (Attachments: # 1 Exhibit Al-Fayed v. CIA)(Sparks, William) (Entered: 05/09/2016)
2016-05-10		MINUTE ORDER (paperless), upon consideration of the memoranda and supporting declarations filed in support and opposition to the parties' pending motions, (1) DENYING, without prejudice, the plaintiff's 15 Motion for Summary Judgment ("Pl.'s Mot.") and for "an injunction requiring the production of all responsive agency records or a statement indicating no such documents exist within thirty days consistent with statutory deadlines," Pl.'s Mot. at 2, for the following reasons: (1) this motion, which was filed less than two weeks before the defendants' deadline to respond to the complaint, is premature since it may be moot, in whole or in part, upon submission of the defendants' final responses to the plaintiff's Freedom of Information Act ("FOIA") requests, and such mootness would eliminate any need for the Court to expend judicial resources unnecessarily by consideration of this motion now; (2) the requested injunctive relief is not supported by applicable law that requires federal agencies to make a "determination" within the statutory 20-day deadline from receipt of the FOIA request, but "the agency need not actually produce the documents within the relevant time period," see Citizens for Responsibility & Ethics in Wash. v. FEC , 711 F.3d 180, 182 (D.C. Cir. 2013); see id. at 188 ("a 'determination' does not require actual production of the records to the requester at the exact same time that the 'determination' is communicated to the requester"); and (3) the only penalty for an agency that fails to "adhere to FOIA's explicit timelines... is that the agency cannot rely on the administrative exhaustion requirement to keep cases from getting into court," id. at 189; see id. at 189-90 ("To reiterate, if the agency does not adhere to FOIA's explicit timelines, the 'penalty' is that the agency cannot rely on the administrative exhaustion requirement to keep cases from getting into court."), rather than the injunctive relief of automatic production of responsive records demanded by the plaintiff here. As the D.C. Circuit has expressly instructed, the penalty imposed on the defendants in this case for their inability to provide a determination within the FOIA statutory timeline is that the defendants may not seek dismissal of this lawsuit for failure to exhaust administrative remedies; (2) GRANTING the defendants' 27 Motion to Dismiss APA Claim, since the plaintiff seeks virtually identical relief under the FOIA and the Administrative Procedure Act ("APA") and the law is well-settled that "APA claims arising out of an agency's response to a FOIA request must be dismissed when they seek relief that can be obtained through a FOIA claim itself," Muttitt v. U.S. Cent. Command , 813 F. Supp. 2d 221, 226 (D.D.C. 2011); see also Harvey v. Lynch , 123 F. Supp. 3d 3, 8 (D.D.C. 2015) ("[S]ettled precedent makes clear that a FOIA requester may not seek relief under the APA for violation of FOIA or the governing FOIA regulations."); (3) DENYING the defendants' 27 Motion to Stay Proceedings ("Defs.' Stay Mot.") in this case for four months to provide the United States Department of Interior's Bureau of Safety and Environmental Enforcement ("BSEE") and the United States Department of Homeland Security's United States Coast Guard ("Coast Guard") with the time needed to complete searching for and/or processing materials responsive to plaintiff's Freedom of Information Act requests. Although the defendants describe the large volume of approximately 100,000 pages that has either been collected or is anticipated to be collected from multiple government offices for processing by BSEE alone, plus 2,000 pages from the Coast Guard, see Defs.' Stay Mot. at 6-7, and express concern that, absent a stay, "plaintiff intends to engage in nearly continuous litigation activity," id. at 8, no stay appears warranted at this time. The Scheduling Order being entered with this Minute Order to control the disposition of this case provides sufficient time for such search and processing without a stay; (4) ISSUING the following SCHEDULING ORDER to control proceedings in this case: the defendants shall file, by October 19, 2016, any dispositive motion for summary judgment; the plaintiff shall file, by November 18, 2016, any opposition to the defendants' dispositive motion and any cross-motion for summary judgment; the defendants shall file, by December 19, 2016, any reply in further support of their motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment; and the plaintiff shall file, by January 18, 2017, any reply in further support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on May 10, 2016. (lcbah3) (Entered: 05/10/2016)
2016-05-11		Set/Reset Deadlines: Summary Judgment motion due by 10/19/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 11/18/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 12/19/2016; Reply to Opposition to Cross Motion due by 1/18/2017. (tg) (Entered: 05/11/2016)
2016-10-14	30	MOTION for Extension of Time to File Defendants' Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: # 1 Declaration Karen Miller (BSEE), # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 10/14/2016)
2016-10-17	31	RESPONSE re 30 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment and to Modify Remainder of Briefing Schedule filed by TAYLOR ENERGY COMPANY LLC. (Sparks, William) (Entered: 10/17/2016)
2016-10-17		MINUTE ORDER (paperless) GRANTING the defendants' uncontested 30 Motion for Extension of Time. Accordingly, the defendants shall file, by November 18, 2016, any motion for summary judgment; the plaintiff shall file, by December 19, 2016, any cross-motion for summary judgment and any opposition to the defendant's motion; the defendants shall file, by January 18, 2017, any reply or opposition; and the plaintiff shall file, by February 17, 2017, any reply. Signed by Chief Judge Beryl A. Howell on October 17, 2016.(lcbah3) (Entered: 10/17/2016)
2016-10-18		Set/Reset Deadlines: Summary Judgment motion due by 11/18/2016; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/19/2016; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/18/2017; Reply to Opposition to Cross Motion due by 2/17/2017. (tg) (Entered: 10/18/2016)
2016-11-18	32	MOTION for Summary Judgment by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR (Attachments: # 1 Statement of Facts, # 2 Declaration Coast Guard, # 3 Declaration BOEM, # 4 Declaration BSEE, # 5 Text of Proposed Order)(Yee, Marsha) (Entered: 11/18/2016)
2016-12-16	33	Unopposed MOTION for Extension of Time to File Cross-Motion for Summary Judgment by TAYLOR ENERGY COMPANY LLC (Attachments: # 1 Text of Proposed Order)(Sparks, William) (Entered: 12/16/2016)
2016-12-19	34	Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment by TAYLOR ENERGY COMPANY LLC (Attachments: # 1 Memorandum in Support Taylor Energy's Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts Taylor's Statement of Facts in Support of Cross-Motion for Summary Judgment, # 3 Statement of Facts Taylor's Statement of General Issues In Opposition to Defendants' Motion for Summary Judgment, # 4 Text of Proposed Order Proposed Order Granting Taylor's Cross-Motion for Summary Judgment)(Sparks, William) (Entered: 12/19/2016)
2016-12-19	35	Memorandum in opposition to re 32 MOTION for Summary Judgment filed by TAYLOR ENERGY COMPANY LLC. (See Docket Entry 34 to view document). (znmw) (Entered: 12/20/2016)
2016-12-20	36	MOTION to Withdraw 33 Unopposed MOTION for Extension of Time to File Cross-Motion for Summary Judgment by TAYLOR ENERGY COMPANY LLC (Sparks, William) (Entered: 12/20/2016)
2016-12-20		MINUTE ORDER (paperless) GRANTING the plaintiff's unopposed 33 Motion for Extension of Time. Accordingly, the plaintiff shall, by January 3, 2017, file any opposition to the defendant's motion for summary judgment, as well as any cross-motion for summary judgment. The defendant shall, by February 2, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by March 23, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on December 20, 2016.(lcbah3) (Entered: 12/20/2016)
2016-12-20		Set/Reset Deadlines: Plaintiff's cross-motion and opposition to motion for summary judgment due by 1/3/2017; defendant's opposition to cross-motion and reply to opposition to motion for summary judgment due by 2/2/2017; plaintiff's reply to opposition to cross motion due by 3/23/2017. (tg) (Entered: 12/20/2016)
2017-01-13		MINUTE ORDER (paperless) DENYING AS MOOT the plaintiff's 36 Motion to Withdraw. Signed by Chief Judge Beryl A. Howell on January 13, 2017. (lcbah3) (Entered: 01/13/2017)
2017-01-18	37	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Attachments: # 1 Defs.' Resps. to Pl.'s Stmt. of Undisputed Facts, # 2 Declaration (BOEM Suppl. Decl.), # 3 Declaration (BSEE Suppl. Decl.), # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 01/18/2017)
2017-01-18	38	Memorandum in opposition to re 34 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF INTERIOR. (Attachments: # 1 Defs.' Resps. to Pl.'s Stmt. of Undisputed Facts, # 2 Declaration (BOEM Suppl. Decl.), # 3 Declaration (BSEE Suppl. Decl.), # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 01/18/2017)
2017-03-23	39	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment filed by TAYLOR ENERGY COMPANY LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sparks, William) (Entered: 03/23/2017)
2017-09-21	40	ORDER GRANTING defendants' 32 Motion for Summary Judgment and DENYING plaintiff's 34 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on September 21, 2017. (lcbah2) (Entered: 09/21/2017)
2017-09-21	41	MEMORANDUM OPINION regarding the defendants' 32 Motion for Summary Judgment and the plaintiff's 34 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 21, 2017. (lcbah2) (Entered: 09/21/2017)
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